- (1.) This Regular Second Appeal is directed against the judgment and decree of the Additional District Judge, Hissar, dated May 16, 1968, affirming the judgment and decree of the trial Court, whereby suit of the plaintiffs had been dismissed.
(2.) Briefly, the facts are that a mutation with respect to land comprised in Khasra No. 124, measuring 162 Kanals 5 Marlas situated in Thola Bega, in village Bichhpari, was sanctioned in favour of the Gram Panchayat Bichhpari, defendant, on the ground that it was Shamilat Deh. It is averred that the plaintiffs were owners in Thola Bega, that the land was Ghair Mumkin pond, and that it was being used by the right-holders of Thola Bega for watering their cattle. They pleaded that consequently it was not Shamilat Deh and did not vest in the Gram Panchayat.
(3.) The suit was contested by the Gram Panchayat which controverted their allegations. It inter alia pleaded that the village community had been taking benefit from the pond and, therefore, the mutation had been rightly attested in favour of the defendant. It also pleaded that the Civil Court had no jurisdiction to try the suit. On the pleadings of the parties, the trial Court framed the following issues :- (1) Whether the Civil Court has no jurisdiction to try the present suit ? (2) Whether the land in dispute is not a Shamilat Deh and does not vest in the Gram Panchayat ? (3) Relief.;